Charges against spouse of Nova Scotia mass killer were ‘lawful,’ Crown says
Banfield was interviewed several times by RCMP investigators in 2020 — on April 19, 20 and 28, and again on Oct. 23. Her lawyers have said she was never told she could have a lawyer with her.
In the statement of defence, MacPhee says, “there was no duty on the RCMP to inform the plaintiff of her right to counsel.”“She had legal counsel since April 20, 2020, and it was her decision whether to have counsel present.” MacPhee says Banfield went through restorative justice after she was charged, and “ultimately accepted responsibility for the offence, effectively admitting the truth of the allegations against her, which defeats her claim of defamation against the RCMP.”
The RCMP charged Banfield, her brother and brother-in-law with unlawfully transferring the killer ammunition, after they provided him with .223-calibre Remington cartridges and .40-calibre Smith and Wesson cartridges. Police acknowledged at the time that the three had no knowledge of what the gunman would do, and the Crown withdrew the charges after the trio participated in a restorative justice program.
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